Supreme Court of India · 2015-05-07
Khenyei vs New India Assurnace Co.Ltd.& Ors
- Citation / case number
- AIR 2015 SC (CIV) 1616
- Court
- Supreme Court of India
- Petitioner
- Khenyei
- Respondent
- New India Assurnace Co.Ltd.& Ors
- Author
- Arun Mishra
- Bench
- Arun Mishra, S.A. Bobde, H.L. Dattu
Judgment text excerpt
The Supreme Court ruled that in cases of composite negligence involving joint tort feasors, a claimant can recover the entire compensation from one tort feasor regardless of their individual degree of negligence. The court emphasized that the liability of joint tort feasors is joint and several, meaning the claimant is entitled to claim the full amount from any one of them. The court held that apportionment of compensation between tort feasors is not permissible, reinforcing the principle that the claimant can pursue the solvent defendant for the total claim amount.